Kolkata Court March 2013 Judgments
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Rama Kant Burman Vs. Board of Trustees for the Port of Kolkata and ors ...
Court: Kolkata
Decided on: Mar-19-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.976 of 2012 Rama Kant Burman Versus Board of Trustees for the Port of Kolkata & Ors.W.P. No.977 of 2012 Rama Kant Burman Versus Board of Trustees for the Port of Kolkata & ORS.For the petitioner : Mr.Bikash Ranjan Bhattacharya, Sr.Advocate Mr.Soumya Majumdar, Advocate Mr.Suman Nandy, Advocate For the respondents : Mr.Partha Sengupta, Advocate Mr.Arunava Ghosh, Advocate Mr.Ashoke Kumar Sena, Advocate Heard on :18. 10.2012, 11.12.2012, 18.12.2012, 08.01.2013, 15.01.2013 and 22.01.2013 Judgement on :19. 03.2013 The Court : Two writ petitions have been filed against two orders of the same date. By the fiRs.order, dated October 3, 2012 the Deputy Chairman, Kolkata Port Trust, i.e., the respondent No.2 herein as the disciplinary authority passed an order against Sr.Rama Kant Burman, the petitioner herein, inter alia to the effect that disciplinary proceedings ...
Tushar Kanti Das Vs. Commissioner of Customs (Port), and ors.
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET GA No.788 of 2013 With WP No.1079 of 2009 In the High Court at Calcutta Constitutional Writ Jurisdiction Original Side. Tushar Kanti Das versus Commissioner of Customs (Port).& ORS.Before : The Honble Justice Dr. Sambuddha Chakrabarti Date :19. 3.2013 For Petitioner : Mr.Shovendu Banerjee, Advocate For Applicant : Mr.Kaaushik Dey, Advocate For Customs Authority : Mr.S.B. Saraf, Advocate Mr.T.M. Siddique, Advocate The Court : Affidavit of Service filed in Court today be kept with the records of this case. By an order dated January 3, 2013 a learned Single Judge of this Court had disposed of the writ petition being WP No.1079 of 2012 inter alia directing the respondent No.1 to dispose of the application for provisional release made by the writ petitioner in accordance with law preferably within two months from the date of communication of the order. Mr.Dey, learned Advocate for the applicant submits that in spite of their best efforts there are factors which are not in their ...
Dankuni Steels Ltd. Vs. Sarat Chatterjee and Co.(Vsp) Pvt Ltd and ors.
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET APOT NO.147 OF 201.GA NO.907 OF 201.CS NO.77 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DANKUNI STEELS LTD.Versus SARAT CHATTERJEE AND CO.(VSP) PVT LTD AND ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :19. h March, 2013. Mr.Ranjan Deb, Sr.Adv., Mr.Dhruba Ghosh, Adv., Mrs.Noelle Banerjee, Adv., Mr.Rohitendra Deb, Adv., for the appellant. Mr.S.N.Mookherjee, Sr.Adv., Mr.Pramit Kumar Ray, Adv., for the respondent no.1. Mr.Ahin Chowdhury, Sr.Adv., Mr.Ratnanko Banerji, Adv., Mr.K.R.Thakkar, Adv., Mr.D.N.Sharma, Adv., for the respondent no.2. Mr.Abharajit Mitra, Adv., Mr.Jishnu Chowdhury, Adv., for the respondent no.4. The Court : On the fiRs.day of listing of the application for stay we have heard the parties at length for about two houRs.If we give credence to what Mr.Deb would say on behalf of the appellant, there was definitely a fraud committed, who was at fault, would have to be de...
Chemgen Pharma International Pvt. Ltd. Vs. Siemens Ltd.
Court: Kolkata
Decided on: Mar-15-2013
ORDER SHEET APO No.40 of 2013 With CP No.237 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction CHEMGEN PHARMA INTERNATIONAL PVT.LTD.Versus SIEMENS LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :15. h March, 2013. Mr.Ratnanko Banerjee, Mr.Ritzu Ghosal, Mr.Uttiyo Mallick, Mr.Arnab Dutta for the appellant. Mr.Debangshu Basak, Mr.Rjarshi Dutta, Mr.Rahul Auddy for the respondent. The Court : Here is a company who would deposit the entire principal claim yet resist with all vigor when the Court is inclined to direct payment of the sum to the creditor. The learned Single Judge while admitting the winding up petition would start the judgment by saying, the companys defence is both dishonest and utterly baseless.If we bring the facts in a narrow campus we would find, the company is enjoying 25000 sq. ft. office space in the cyber city of Calcutta being Sector-5, Salt Lake under Nokia Siemens Limited who later on transferred the ownersh...
Smt. Narayani Debi Dhanania @ Agarwal and ors. Vs. Smt Narayani Devi A ...
Court: Kolkata
Decided on: Mar-15-2013
ORDER SHEET GA No.1190 of 2011 CS No.148 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. NARAYANI DEBI DHANANIA @ AGARWAL & ORS.Versus SMT NARAYANI DEVI AGARWALLA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :15. h March, 2013. Appearance: Mr.Partha Sarathi Sengupta, Sr.Adv.with Mr.S.Singhvi, Advocate Mr.Sabyasachi Chowdhury with Mr.Bidyut Dut, Advocates Mr.Pradip Kumar Ghose, Sr.Adv.with Mr.Tapas Banerjee, Advocate Mr.Pratap Chatterjee, Sr.Adv.with M. Asish Chakraborty, Advocate This matter was previously heard on 12th March 2013. The matter was adjourned at the instance of defendant nos.2 series in order to enable the learned counsel representing the said defendants to rely on some judgments and ordeRs.When this matter is taken up today for hearing, Mr.Pratap Chatterjee, the learned senior counsel appearing on behalf of the Plaintiff No.3 submits that the Plaintiff No.3 had preferred an appeal against the order dated 21st December 20...
Commissioner of Income Tax, Kolkatai, Kolkata Vs. M/S. G. V. N. Fuels ...
Court: Kolkata
Decided on: Mar-15-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.21 of 2013 GA No.198 of 2013 COMMISSIONER OF INCOME TAX, KOLKATA-I, KOLKATA Versus M/S.G.V.N.FUELS LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :15. h March, 2013. For Appellant : MRS.Soma Chatterjee, Advocate For Respondent : Mr.A.B. Maitra with Mr.S.K.Dutta, Advocates The Court : The subject matter of challenge in this appeal is an order dated 9th August, 2012 passed by the learned Tribunal dismissing the appeal of the Revenue. The facts and circumstances of the case briefly stated are as follows: The assessee earned dividend, which is non-taxable income, of Rs.1,98,87,054/-. The assessee also earned business income. The assessee incurred expenditure on account of interest amounting to a sum of Rs.1,59,36,904/-. Out of the aforesaid interest paid by the assessee, it was claimed that a sum of Rs.54,31,492/- was relatable to the non-taxable ...
Haldia Bulk Terminal Pvt. Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Mar-15-2013
ORDER SHEET T No.91 of 2013 TA No.41 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HALDIA BULK TERMINAL PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :15. h March, 2013. Appearance: Mr.Jishnu Saha, Advocate Mr.P.Sinha, Advocate Mr.Syed Adil Murshed, Advocate The Court: Two or three grounds have been taken challenging the invocation of the three bank guarantees. The fiRs.is that the guarantees were not invoked according to their terMs.These terms stipulated that in the letter of invocation there ought to be a statement about loss and damage suffered by the Kolkata Port Authorities. Such assertion was not there. Secondly, there is special equity in favour of the plaintiff inasmuch as by their letter dated 14th March, 2013, the Government of India had stated that the plaintiff had fulfilled their export obligation. Hence it was inequitable to invoke the bank guarantees, it was submitted. The above prima facie cas...
Krishnananda Banerjee Vs. Reserve Bank of India and ors.
Court: Kolkata
Decided on: Mar-15-2013
ORDER SHEET WP No.494 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KRISHNANANDA BANERJEE Versus RESERVE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :15. h March, 2013. Appearance : Mr.Krishnananda Banerjee appears (in person) Mr.Arijit Chaudhuri,Advocate. Mr.Aloke Kumar Banerjee, Advocate. Mr.A.Sarkar, Advocate. for the RBI The Court : This writ application was moved against the Bank Authorities for not releasing the benefits of assured personal promotion with effect from October, 2006 with all consequential benefits in favour of the petitioner. It is submitted by the writ petitioner, who personally appears before this Court, that in view of the pendency of 498A proceedings initiated by his ex-wife, the Bank Authorities most illegally and unfairly withheld the benefit which he is entitled to get as per the writ issued petitioner the informed the submits impugned writ that letter petitioner the on Respondent-Bank...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-15-2013
CP No.407 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: RUBI STAR MARKETING PVT.LTD.-ANDNITAI CHANDRA PAUL BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :15. h March, 2013. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Rajarshi Dutta, Adv.The Court : The company is not represented despite service and subsequent notices at both the registered office of the company and at the known addresses of the directors of the company. It appears that the company may have vanished altogether upon obtaining deposits from gullible parties. The claim of the petitioning-creditor is on account of money deposited for return by the company with interest. The amount claimed in the statutory notice is Rs.2,55,500/-. Since the statutory notice has been posted in the usual couRs.and addressed to the registered office and no reply has been received thereto, there is a presumption of the companys inability to pay its debts. CP No.407 of 2012 is admitted for the principal sum of R...
United Bank of India Vs. the O/L, High Court, Calcutta and anr.
Court: Kolkata
Decided on: Mar-15-2013
ORDER SHEET CA NO.392 OF 201.WITH CP NO.287 OF 200.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: ASHOK PAPER MILLS (LIQN.) AND UNITED BANK OF INDIA versus THE O/L, HIGH COURT, CALCUTTA & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :15. h March, 2013. Mr.R.Banerjee, Mr.A.Das, Mr.S.Sharmaappear. Mr.A.K.SurappeaRs.Mr.S.DuttaappeaRs.The Court : Leave is granted to Mr.Banerjees client to file a supplementary affidavit. This is an application by United Bank of India, one of the secured creditors of the Company. By an order of this Court dated 3rd May, 2011 the order of winding up was set aside at the instance of Nouveau Capital and Finance LTD.on the ground that they were to revive the Company, they had settled or partly settled the dues of the secured creditors or some of them and they undertook to square up the remaining dues in couRs.of running the Company. Mr.Sur submits that he not only represents the applicant but also IFCI and Stressed Asset...
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